THE SUNDAY OTtEGOXIAX. PORTLAND. KTlTtUART 3, 191S.
IB
ASPIRANTS CAN RUN
FQH DOUBLE HON
Senatorial Candidates Acting
Legally in Seeking Long
and Short Terms
LAWYERS STUDY QUESTION
Constllattoo and Orecuo Stamtr Do
So Forbid Same Man Asking
U lection Twice, Attoraeja
Cnlformty Hold.
Laa-T-n br a re of th opinion, aft
ar aarlnf examined th provisions of
t ha state law and construed them In
conjunction with tbe Federal Constitu
tion, thst ther la not nine to prtrtot
nf or all of tba aeveral candidates for
Vnitl Stt-a Senator from becoming
nndltln for both tha abort and tba
ln lrml aa successor to tba lata
L'aiteU States Senator Lane.
Tat Kvaafara V.irri.
In an 'opinion rendered Tho.rst.sr.
(lornfT-inTl Crown bld that tba
voters of Union this rr will nomi
nate and civet two United States Sen
atorson to fill tha unexpired term
of ik-nator Lana and tha other for the
f ill alx-rear term as Lane's sarcrasor.
Tba candidate elected for tba short
term will s-rre from tha date of the
November election until next March,
when tba term for which Lana was
elected actually expiree. Toe candi
date wlnnine; the six-year terra aa suc
cessor to Lent would be sworn In next
Marco and serve until March, liS.
The Attorney-General did not under
take to pasa upon the question of
whether or not aspirants for United
states Senator could become candid-tee
for both the short and tha lone
terms. This question was not pre
sented to blra and be explained that be
would reserve aa expreeaed opinion
thereon until tba matter caraa before
him officially.
But a number of Portland lawyers
yesterday examined tha ststa-laws and
Ine l"ntted ritate Constitution s;overn
ine tbe election of United Mates Sena
tors and are convinced tbat there
nothing to prevent one man seeking"
election for both the abort term and
tha Ions; terms. This conclusion i
based oa the theory that tha dual can
didacy would Involve the same po
sition, but would cover two terms and
for that reason would not coma within
that prohibition la the state statutes
which prohibits a man irora peine;
candidate for mora tbaa one office la
taa aame election
statatra Ar Cos merle.
There Is another provision lo the
state law which seemlnsjly would make
It Impossible for the same candidate
to run for the short and the lone terms.
That section provides tbat tbe nam of
a candidate shall appear upon the
printed ballot tn only on place. Hut
this position, aa It applies to tbe Sena
tori! situation, aay thoe who have
studied the lea-at aide of the contro
versy, la In contravention of the Fed
oral Conttlutlon. whl.'b defines tha
wualifieeuoos of a L'nlted States Sen
ator, and la. therefore, of no effect.
F. W. Mulkey. es-lnlted btalea Sen
ator, was on of tha lawyers who yes
terday tborouaoly examined this sub
vert and be la firmly of tba opinion
that Senatorial aspirants csn seek elec
tion for both the short and lb loos
terms Me said:
"There are only thre sections of our
rode which poesibly could raise the
atatton of tn qualification of any
candidate eeeklns election for both
terms. ' ectlon Hit. lord's Oro
lam, says: "io person shall be quali
fied to be a candidate for more than
ne office to be filled at the same elec
tion." flection 3J71 of oor code pro
vides: Tb aame of earti person for
whom, as a candidal for nomination
valid petition baa been filed, shall be
printed on the ballot In but on place.'
while section reads: The name of
each person nominated ahall b printed
en tbe ballot la but one place, without
regard to bow many tltuca ha may have
been nominated-
"Section j;i Is a part of the direct
prlmarr nominating law. Section -14
is a part of th Australian ballot law.
Jt Is a rule of les-al construction tbat
seemtnaly confliotlns; statutory pro
vision should be reconciled If possible.
Tha only construction that will civ
force anj effect to every word appear
ias In the foretcolna sections fa this:
-Section l.ll seeks to rrKulat can
didates for nominations and aeeks to
prevent the name of a candidal ap
pearlne; on tbea primary election ballot
more than once lor tue lama olllce.
faaee appear Oar.
5ertlon SIM deals with duly elected
nominees as distinguished from can
rt4-e- for Mimlmhon snd seeks to
prevent the name of a nomine from
appearing more than one on tha Aus
tralian ballot for the aame or flea.
"Section 11); Is a statut that at
tempta to prevent and doea prevent any
person from holding more than one of
fice at tbe same time. If any portion
of the tenure of the two offices Is con
current, section iJ-7 prevents a person
from barltr bis nsma placed upon tbe
ballot for more than one of such offices
having concurrent tenure.
"In the rase of tba long terra for
l'nlted States Senator sad the short term
.'or L'nlted Ststes Senator now confront
lag the people of Oregon, the tenure Is
not concurrent. The long term naturally
aucceeds U short term. Anyone who
holds tbe short terra Is not disquali
fied from holding the lone term. Hence,
the only section of our statutes that
could possibly prohibit the same name
going on tba ballot for both tbe short
and the long terms baa do application.
"Further than that, there Is another
reason why the asm nam can be
designated twice, but separately, for
the long sad the short term and that
is: If the Legislature really Intended
by section 1137 to prohibit the nam
of a candidal going on the ballot for
long and a abort Senatorial term.
this would amount to a disqualification
to hold office.
Stat Lacks Aafhea-iry.
"Now the qualification of a TTntted
Statea Senator ar specified by tha
Constitution of the United States, and
la tbat document do power Is conferred
upon the states to enact additional
provisions In the nature of prohibi
tions. HflBM, tf tb legtslatur In
tended section 3S37 to b a prohibition.
It I unconstitutional
"Further than that, there la another
reasoa why tbls section has no appli
cation. United States Senator Brlstow,
wbo drafted the language relating to
tha filling of vacancies In a Senatorial
term, haa given It aa his opinion that
the Govornor must Issue a writ of elec
tion to permanently fill tha vacancy.
Now, a writ of election. In theory, at
least, always contemplates a special
election. This being- so. In effect tbe
long term Is to be filled at a regular
election aad a short terra at aa election
Instituted by ths Governor's writ, This
being so. technically speaking, a can
didate who rues for both tbe long
and short terms would not be running
for more than one office at the aame
election.
T do not wish to be understood as
saying tbat a separate ballot will be
required, but I do aay that In theory
there would, la effect, be two dec
Hons."
leaatertal Asalraats 8 11 rat.
To what extent tbe ruling of ths
Attoroty-ileneral will affect hie can
didacy, r. either of the three Repub
lican aspirants for tbe Senatorship has
announced. By that decision. Senator
McXary, the Incumbent, wbo was ap
pointed by Governor Wltbycombe as
Lane's successor, will hold office only
until the date of tbe "November elec
tlon. Heine la office and bav:ng an
nonnced bis candidacy to succeed him
seir. Senator Mc.Nary la expected to
seek also election for tbe short term
which Intervenes between the expira
tion of bis appointive term and the full
six-year term for which be Is bow. a
candidate.
Whether R. X. Stanfield and P. B.
Hu.ion. Senator "MoN'ary'a opponents,
will amend their original declaration
of candidacy and become candldatea
for the abort term aa well aa the long
term for which they have declared, la
not known. Mr. StsnfleM Is cam pi tim
ing In Southern Oregon and Mr. Huston
could not be reached al his home last
DtgbL
It would not be surprising If both
Huston and Slanfieid should conclude
to sees: nomination for only tbe long
terra and make no effort to land the
short-term service In the Senate, lly
adopting such a course, they would
leave to Senator llc.Vaiy tha uncon
tested candidacy for tha abort term.
RALPH E. WILLIAMS
MAY HAVE CONTEST
Daniel Body, of Enterprise, Is
Mentioned for Republican
Committeeman for State.
LAWYER SEEKS JUDGESHIP
Sanderson Reed Announces Csndi-1
tUcy for State Senator Ii. Alex
ander, of Pendleton, la Men
tioned for Slate Treasurer.
Ralph K. "Williams, Republican Na
tional committeeman foa Oregon, who!
la not averse to continuing on tbe )oo, I
even under a Deraocratlo National Ad- I
ministration, may have an opponent for I
tba Place. Gossip In the hotel corri
dor baa it that Daniel Boyd, of I
Knterprtse, may be persuaded by his I
friends to contest with Mr. Williams I
for tbls honor.
Mr. Boyd was la tbe city yesterday
from his Eastern ' Oregon borne. Al
though admitting that tbe subject bad
been proposed to him by some of bis I
friends, air. Boyd declined to say
whether or not he actually would be
come a candidate for committee man
Tbe election of National committee
men reata with tbe members of the
Republican State Central Committee,
which Is made up of one member from
each county In tbe state. The mem
ber from each county is chosen by
the county precinct committeemen, who
will be elected by tbe voters in the
primary nominating election. May 17.
The prospect of a contest for Na
tions committeeman may serve to In- I
ject some life Into tbe election of
these precinct committeemen and the
county choices of members of the State I
Central Committee. Ordinarily but lit- I
tie Interest attaches to tbe organiza
tion of state and county central com
mittees In the different parties. It
usually la a difficult job to find rep- I
resentative members of tha party who I
will accept membership In these dif
ferent committees.
e e
Robert C Wright, an attorney of
this city and ex-chairman of the Re
publican county Central Committee,
announced yesterday tbat he would be
csndldate for Circuit Jurtse. depart
ment No. 4, on the Republican ticket,
opposing Judge O. W. stspleton. Mr.
Wright unsuccessfully onpo-ed Judse
Kavanaugh in the primary election two
years ago.
1 have lived In Portland since it's
and am familiar with the legal prac
tlca and the business affairs of this
community." said Mr. Wnlght yester
day in announcing hta candidacy. "I
have practiced law continuously for H
years and am entirely familiar with
the practice in all of the courts of
tbe state."
Mr. Wright Is the first candidate for
mally to announce that he will oppose
Judge Stapleton for this office, al
though It is reported A. W. Orton. A. L
Moulton. W. T. Hume and possibly
H. R. Giltnes will qualify as con
testants for thia nomination before the
time for filing announcements expires.
--riee i-rti ff-y yy" v.iiif h t i i
' f
n -
if l
MS
Halifax Sufferer Write
Portland Benefactor.
to
Rerrsra f Awful KsplawlM Retold I
By tt.y M j
tsJWm life
r-iip arTlia. y
1 ! F'
A MELLOW BEVERAGE
GeeJ but RAINIER
SPECIAL is good!
lYoung America today: America itself ten
morrow.
He is the despair of the neighbors ; the joy
of his Mother, the pride of his "Dad."
He's a real boy.
Whether it's aeroplane, fautomobil&j or,
beverage , he is up-to-the-minute.
For something to drink, there's nothing iti
70s eves that compares with RAINIER,
SPECIAL.
It's a satisfying soft drink. It's a regular;
'fellow's drink.
' Nothing sissy or wishy-washy about it
Nor is there anything to hurt a fellow.
Every bottle is a bottle of good healtH
good taste good cheer.
It's a long drink for a dimeC'
10c Bottles
You'll find RAINIER SPECIAL at innsy
cafes, soda fountains, drug stores, groceries,
department stores, on dining cars and steam
ships, and at cantonments, mobilization
camps, naval stations, and elsewhere, where
ood things to drink are sold.
Distributed In Portland and the State of Oregon by UMi A COMPANY. WHOLESALE GROCERS.
Phones Broadway, 4273, A oni
3
RAINIER PRODUCTS COMPANY, Seattle, manu
facturer bf Rainier, the Wonder Beverage; Malt Rain
ier, a health tonic; Rainier Special, a mellow beverage,
and Syro, a table syrup.
Mr. Anderson lives at Tbe Dalles, and
was a member of the House of Rep
resentatives at the last two sessions
of the Legislature. He plans to man-
ire his own campaign and will visit
every section of the state in advance
si
IF FOR SORE,
TIRED FEEHH!
Tiz" Is Grand for Aching, Swol
I " Ien, Tender, Calloused
Feet or Corns.
r
Ah', wbat relief. No more tired feet:
fro more burning feet: no more swollen.
a--bina. tender, sweaty feet. No more
orenee In coma, callouses, bunions.
No matter wbat alls your feet er
what under the sun you've tried with
out get tins; relief, Just Us Tis." TlS
I the only remedy that draws out all
the tMlen.u exutiatione which puff up
the feet. "Tls cures your foot trouble
so you'll never limp or draw up your
fac In pain. Tou shoes won't seem
tight and your feet wi.l never, never
hurt or set sore and swollen. Think of
It. ia mor foot misery, no more agony
from co rue. ealloueea or bunions.
"-t a le-cent boa at any drua" store
ar department store and get Instant re
lief. Wear smaller ehoes. Just once
try "Tis. Get a whole year's foot com
fort lor only it caatav TLXak uX lu
A description of the Halifax disaster
haa been received In Portland In a let'
ler from George WeUs. of Halifax, to
Mrs, alary Criteser. of S3 Xlallory ave
nue. who sent some socks to the Hal
Ifax sufferers, containing a note, which
was received by George Weirs.
Perhaps you have read In the papers
of the arest Halifax exploaioa." he
writes. "Undoubtedly you have, as the
disaster was world-wide, in the sense
Ibat It appalled the world. Well
am one of the unhappy sufferers, who.
while not Injured himself, has lost
family, home and everything. In th
terrible upheaval which lay Kichmond
ruins. My home was In the heart of
tbe devastated district and but a acant
eighth of a mile from where the ex
plosion took place. I had gone to town
early tbat fatal Tburauay morning,
December If, when at five minutes
after 9 the world rocked, buildings
swsyed. and a most appallins; noise
beat on lb ears, like th knell of
doom.
-Hut 7v seconds and It was over. A
town had changed to a wreck. Every
where people were rushing, blood
streaming from faces, and on the air
waa a low. moaning, pent-up cry, like
a multitude In agony. Over doomed
Richmond buns; an omlnoua cloud of
smoke and dust. No one knew what
had happened, but the general thought
waa that the dockyard had gone up.
even men no one bad an Idea tbat the
erfecta were so appalling and dlsi
trous.
"I feared for those at home, but not
until I came to the rlnc of fires that
circled the doomed area did hope begin
to leave me. Pray God tbat you may
never see Burn sights. The mangled,
the poor maimed, dyinr, the wouuded
It waa a burning, shattered helL
"When I reached my home the wreck
or it was In flames. In It there per
tuned my mother, sister and little
nephew; only their charred remains
have been recovered. Jdr brother's
oouy waa identified at the morgue.
He bad a shrapnel wound through his
heart, lly sister-in-law, married sister
and her little boy were Identified, but
another child was never found.
"My brother's child waa rescued, but
died later at the hospital. Father waa
a U. A. R. agent at the Kichmond ter
mlnals. We did not find his body until
laris.aia eve."
OREGON SHOVELS TAGGED
Campaign Throughout State Pro
duct Gratifying Results.
Tbe "Tag Tour ShoveP campaign
produced gratifying results throughout
the state, according to report re
ceived from many localities by Federal
r uel Administrator Holmes.
"Outlying districts have not all re
ported." said Mr. Holmes yesterday.
but the majority of those reporting.
particularly The Dalles and Roaaburg,
piled up totals far In exceaa of th estimates.
"The .cold weather has had no effect
on fuel conditions throughout the state
id every locality ia well supplied.
"There Is need, however, for elimin
ation of waste. Office buildings which
depend on fuel oil for haat must con-
rve. Supply of oil may be abut off
at any time, aa th Government re
quire most of tbe California output.'
Flak Teas ia Discard.
AMSTERDAM. Feb. 5. rive o'clock
tea has been abolished In Holland. The
government hss prohibited the serving
of tea in restaurants and hotels, be
cause stocks are disappearing favst aod
taivanla ar at a complete ceaaauoa.
Sanderson Reed, an attorney of this
city, yesterday announced his candl
dacy on the republican ticket for I of tbe prlmany nominating election.
Mate Senator from Alullnoman county.
Mr. Reed bas had former legislative
experience, baring at one time been a
; member of the House of Representa
tives from this county. In his formal
announcement Mr. Reed says. In part:
"I shsll not permit myself to be
swayed from what I believe to be the
pmmary Interests of our Nation, city,
county or state, e As a life-long resi
dent of Multnomah County, I am well
acquainted with our needs. I shsll op
pose. If elected, laws for private, po
litical or material gain, and will up
hold such laws aa we already bave
tbat have proven of benefit and ad
vantage to tba people."
R. Alexander, pioneer resident of the
Mate and a prominent business man of
Pendleton, has been considered a like
ly candidate for State Treasurer on the
Republican ticket. He has had the
matter under consideration for some
time, but recent Information from his
friends la to tbe effect that he v. ill
sot make the race.
see
J. Ft. Anderson. Repnbllcan candidate
for Governor, Is quietly touring the
state in the Interest of his candMay
BAKER BOOTLEGGER FINED
Judge Larkin Issues Warning to Fu
ture Violators of Law.
BAKER. Or., Feb. 2. (Special.) Just
before sentencing George Lark in, who
was before the Circuit Court today on a
charge of bootlegging, to serve 90 days
In Jail and pay a fine of 200, Judge
Gustav Anderson issued a warning; to
all future violators of the prohibition
law. The Judge told Larkin that obser
vation teaches that the average of
fender, especially tbose who go to the
extent of selling Intoxicating liquor,
look upon the payment of a mere fine
"gentleman's business," and then
proceed to again offend.
liut offenders must learn and under
stand that in these cases the courts
are not dealing with business, but with
crime and nuisance, and to suppress
these, penalties design eel to ultimately
effect the desired results will be con
sistently enforced.
Japanese Fishermen Rescued.
A PACIFIC PORT, Feb. 2. Thirty
three Japanese fishermen, rescued from
a fishing; boat whose engines were dis
abled and provisions exhausted 20 hours
out of Yokohama, were in port here to
day aboard a -Japanese freighter. An
officer of the freighter said the men
had been removed at their request,
against the wishes of their master, al
though the fishing boat had been de
feated for two weeks in Its efforts to
regain shore. The master, with five of
bis crew, remained on board, heading
toward Japan.
Maniac Confesses Double Murder.
ST. PETER. Minn, Feb. 2. Ralph I
Crosby, committed to the State Aeylum
here January 29 fromJYellow Medicine
County, confessed to authorities today
the murder of John Bell and his wife
in Red Oak, Ia., in August, 191
Forester Is Given Command.
Captain Fred E. Ames, formerly As
sistant District Forester in the Port
land offices of the United States Forest
Service, has been assigned to the com
mand of Company B, Seventh Battalion,
Huth Engineers, according to informa
tion received in the Forest Service of
fice yesterday. He is now stationed at
American University, Washington, 1. C.
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Adv.
New Standard of Motor Efficiency and Power
WHEN a motor rated by S. A. E. formula at only 16.9 horse
power, develops in authentic test over 43 horse, it is time to
revise all standards which have hitherto measured Gasoline
Engine Power and Efficiency. J That motor has arrived. I It is the
motor designed by Eay Harroun for the car that bears his name.
A Triumph of Engineering
There was never a motorist who did not
covet for his car a surplus of good
qualities a surplus , of power, comfort,
efficiency and beauty.
The Harroun Motor Car meets this de
mand. Unlike other cars of conspicuously
high quality, the Harroun provides this
surplus within the range of popular
price. .
In the whole world of engineering
there is but one man who could have
designed this car.' That man is Ray
Harroun most versatile and most wide
ly experienced of automobile engineers.
A Rich Experience
Mr. Harroun is the only engineer who
has ever designed, built and driven a
car to a world's speedway championship.
He is conspicuously the greatest living
authority on carburetion.
As an engineering executive he has
designed and . built cars of high and
popular price. One of his touring cars
now holds the world's record for mechan
ical tirelessness an authentic run of
more than 22,000 miles without a motor
stop.
His Opportunity
Through ail this wide range of expe
rience, Mr. Harroun always cherished the
belief that he might some time have free
opportunity to design and produce his
ideal motor car. - ,
The Harroun Motors Corporation gave
him this opportunity.
' Unhampered by any legacy of old
models, old machinery, old materials or
old policies, he has been able to endow
the Harroun motor car with details and
fundamentals of design that are new,,
exclusive and notably advanced.
A Marvelous Motor
Only a successful designer of racing
cars could have designed the Harroun
car's motor.
While developing a maximum- power
much greater than that of many motors
with larger cylinders or more of them
the Harroun will throttle smoothly
to the lowest speeds. Its range on high
gear is a revelation and its acceleration
comparable to no other car of like ef
ficiency. . Comfort That's New
Racing experience is also drawn oh
for the Harroun car's new spring suspen
sion a facility which enables it to travel
smoothly over rough roads, its tonneau
as comfortable as its front seat.
Yacht, lines such as any road leviathan
might well be proud of, and a quality of
finish which contrasts pleasantly with
the somber hues of most other cars, give
the Harroun a degree of beauty new to
its field. ...
A ride in it will tell you far more
effectively than is possible on the printed
page, how amply the Harroun makes
good the promises we give for it how
proud you yourself will be to call this
superlative car your own.
DEMONSTRATION BY APPOINTMENT
S785 F. O. B. FACTORY-
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LEE L. GILBERT, Portland Distributor, Winton BIdg., Twenty-third and Washington Sts, Portland, Or.
IMMEDIATE DELIVERY
Main 4244
OREGON TERRITORY NOW OPES.
PORTLAND AUTOMOBILE SHOW, FEB. T-13
1